With all of the legal changes around pregnancy in Texas, there has been a lot of information on social media and elsewhere that isn’t true – or only partially true. It’s been widely reported that in some states, including Texas, women can’t get divorced if they’re pregnant. Certainly, this has been cause for concern – particularly for women who are victims of domestic violence.
The fact is that nothing has changed recently under Texas law when it comes to couples being allowed to divorce if a spouse is pregnant. When someone files for divorce, one of the questions on the petition form they must complete asks if the wife is pregnant.
While the law doesn’t specifically say that a pregnant spouse can’t get a divorce, Texas judges won’t finalize a divorce until the baby is born. There are practical reasons for that. It would mean finalizing child custody and support agreements for a child who isn’t yet in the world – and who could be born with serious medical issues that aren’t accounted for in the agreements.
What can you do while you’re waiting for the baby to arrive?
Whether you think that sounds like a good reason for not being able to finalize a divorce or not, what’s important to remember is that no one has to stay in a home with an abusive spouse. They have every right to get a protective order.
Further, there’s nothing stopping a couple from living separately and working on all of their divorce agreements – including those related to their unborn child – during this period. Then, once the child is born, they can get the divorce finalized. Of course, if there’s a question of paternity or if it’s known that the husband isn’t the father of the child, things can get more complicated.
Regardless of the situation, it’s crucial to get experienced legal guidance as early as possible. This can help you protect your rights and work to get through the process as smoothly as possible.